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Consultancy to Undertake A Regulatory Impact Assessment of the Draft Pest Control Products Regulations, 2016 Invitation

The task

AAK is seeking the services of a qualified consultant to undertake a Regulatory Impact Assessment of the Pest Control Products (PCP) Regulations to determine if the gains to be obtained from the regulations, would outweigh the costs imposed to the industry by the regulations as provided by law under Section 6 and 7 of the Statutory Instruments Act, 2013.

Scope of work

The following is the scope of activities expected to be carried out
A. Legislative review:

  1. Review Pest Control Products Act (CAP 346), and the proposed PCP regulations in line with the Statutory Instruments Act, 2013.
  2. Review other laws that govern the industry including but not limited to AFA Act,2013, Crops Act, 2013 and the Constitution.
    B. Review of global best practice
  3. Review RIAs on the pesticide industry globally to determine appropriate considerations to be made in the preparation of RIAs.
  4. Document key lessons learned from the global review of RIAs.
    C. Develop a Regulatory Impact Statement
  5. Conduct a Regulatory Impact Assessments (RIA) on the draft regulations as per section 6 and 7 of the Statutory Instruments Act, 2013.
    Specifically,
    a. Undertake a Cost Benefit Analysis of the proposed regulations with a focus on economic, environmental and social impact on all stakeholders. In addition, review the costs of administration and compliance on all stakeholders.
  6. Prepare a Regulatory Impact Statement (RIS) as outlined in part 3 of the Statutory Instruments Act, 2013.
  7. Prepare an Explanatory Memoranda as per schedule 1 of the SI Act, 2013.
  8. Submit a report documenting the findings of the review, the draft RIS and an Explanatory Memoranda for consideration and approval by AAK prior to subjecting the draft to a stakeholders’ forum.
  9. Subject the draft report to stakeholder’s review for additional input.
    10.Submit a final report incorporating the views and suggestions of the stakeholders.

Improvement of the Terms of Reference
The consultant may advice on modalities to improve the Terms of Reference, which he/she considers would inform the research and lead to an appropriate private sector position. Such proposals, if accepted, will form part of the Terms of Reference of the assignment.

Research methods
The consultant will be required to present an inception report describing their approach and tools to be used in the assignment for approval by AAK board before commencing on the assignment.

Outputs
The Key outputs of the consultancy will be:

  1. Inception report to incorporate:
    a. Brief literature review on this issue
    b. Understanding of the Terms of Reference
    c. Work plan and research methodology to be used
  2. A draft report on the findings incorporating:
    a. findings of the legal review and global best practice
    b. Draft Regulatory Impact Statement incorporating the RIA an explanatory memorandum.
  3. Facilitation of stakeholders’ workshop to review the draft report
  4. A revised comprehensive report incorporating the final RIS and explanatory memoranda.

Qualifications of the consultant

  • MSc. Degree from a recognized University in Economics, Agricultural
  • Economics, or any other related field (PhD is an added advantage).
  • At least 5 years’ experience conducting evidence-based research in the public
  • policy arena.
  • Previous experience in conducting Regulatory Impact Assessment …
  • Demonstrated knowledge of Agriculture preferably in the pesticides industry;
  • Demonstrated report writing skills.

Timeframe
The consultancy is expected to take a period of 30 days including presentation of a final report.

Application process
Interested consultants should submit technical and financial proposals covering:

  • Consultant’s understanding of the terms of reference
  • Proposed methodology
  • A detailed workplan
  • A financial proposal
  • Capacity Statement
  • CVs for all consultants involved detailing their role in the project and their relevant experience (annexes to the proposal)
  • Details of similar projects undertaken with details on work done, contracting party and contact details
  • Previous RIA(S) undertaken by the consultant.

Application process
The technical and financial proposals should be sent by close of business 9th July, 2019 to:

Chief Executive Officer,
Agrichemicals Association of Kenya,
P.O. Box 13809
Nairobi- 00800
Or hand delivered to:
AAK offices,
Mashiara Park,
Kaptagat Road, Off Waiyaki way,
Nairobi
The sealed envelope should indicate the Title “Regulatory Impact Assessment on PCP regulations”